Revolutionary War Pension and Bounty Land Warrant Application File R. 3908, James Gardner, N.C.

SERVICE
NUMBER
N.C.
Gardner, James
R. 3908.
Bora in N.C.
CONTENTS
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Declaration
In order to obtain the benefit of the Act of Congress of the 7 th of June 1832.
State of North Carolina } County of Randolph }
On this fourth day of November 1839 personally appeared before the Court of Pleas and Quarter Sessions of said County James Gardner a resident in the County and State aforesaid aged eighty four years, who being first duly sworn according to law, doth on his oath, make the following the declaration, in order to obtain the benefit of the provision made by the Act of Congress, passed June 7 th 1832. That he was drafted in this County some time after the commencement of the Revolutionary War, (but in what year he does not remember) for the term of six months, as well as he can recollect. He employed one Winsor Pearce as his substitute, who entered the service under one Col. Luttrell or Pittrell at a place called Luttrell's barracks in Chatham County, N.C. and served out his time. This declarant further states that he afterwards volunteered or enlisted and served three years (according to his best recollection and belief) under Col. Gholson, in the Cavalry and was discharged, as herein after set forth, after peace was made. During the whole time he was in the service he was engaged in Tory Warfare chiefly in this State in the Counties of Randolph Chatham Cumberland and the Counties bordering on South Carolina - that he was in no general battle, but was in many skirmishes with the Lories - particularly with Col. Fanning & the Lories

whom he commanded. He was present at the taking of Stephen Walker, a distinguished Sony, who was shot under the direction of Col. Gholson. He served under Capt. Himes & Capt. Gwin. He is certain that he served as a Soldier during the Revolutionary War more than two years and he believes he served as much as three years, and was under the immediate command of Col. Gholson, during the greater part of the time he was in the service. About six months before the close of the War, as well as he can recollect, he was sent as a pilot or guide for a Company of Infantry under the command of a French officer named Feregood. He does not recollect whether Feregood was a Captain or a Colonel and never having seen the name of said Feregood or Ferygood in print, he does not know the correct spelling of the name, but he knows that it was pronounced as above spelled - Feregood & his Company were employed in repressing the Lories in the counties of this State bordering on South Carolina and the troops under his command were styled "State Troops". This declarant performed his last service under said Ferygood near the South Carolina line in the neighborhood of Drowning Creek, at which place they got intelligence that the War had ended and Ferygood left his men under a promise to return in two or three days and give them a discharge. His men waited several days for him to return but he did not return - This declarant after

the length of his service but I am confident he served as much as two or three years I have heard his declaration read and believe the facts therein set forth are true. The said James Gardner was always considered a good & faithful soldier and continued in the service till the close of the War Sworn to & subscribed in Open Court this 4th day of November 1839. William Brown
We Jesse Lawrence, a clergyman, residing in the County of Randolph aforesaid and William Bird, residing in the same County, do hereby certify, that we are well acquainted with James Gardner who has subscribed & sworn to the above declaration: that we believe him to be aged eighty four years & that he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of the Revolution and we concur in that belief. Sworn to & subscribed in Open Court this 4th day of November 1839. Jesse Lawrence Wm Bird
And The Court do hereby declare their opinion that the above named applicant was a Revolutionary soldier & served at the status, after the investigation of the matter and after putting the questions prescribed by the War Department

wards understood understood that he proceeded to Charleston & there took shipping for France. This declarant was born in the County of Randolph aforesaid on the 1 st day of October 1754 and has resided in said County of Randolph ever since. The only record which he has of his age is contained in his family Bible which he has now in his possession. He knows of no person by whom he can prove his actual services as a soldier of the Revolution except William Pearce. He is known to Esau Lawrence William Bird and many other persons of his neighbourhood, who will testify as to his character & their belief of his services as a soldier of Revolution.
He hereby relinquishes every claim whatever to a pension or an annuity, except the present and he declares that his name is not on the Pension Roll of any agency in any State.
Sworn to & subscribed. James Gardner the day & year above written
William Pearce maketh oath that he is well acquainted with James Gardner who has made the foregoing declaration and has been well acquainted with him for the last sixty years - I know of my own knowledge that he served as a private soldier in the War of the Revolution - I do not remember

34939
Lat. Gaudium
nl
Act 7 June 1832
Hm. Ch. Fishw RR

And the Court further certifies that it appears to them that J. S. Lawrence, who has signed the preceding certificate is a Clergyman, resident in the County of Randolph aforesaid and that William Pearce and William Bird who have signed the foregoing Certificates are resident in the County of Randolph aforesaid and each of them is a Credible person and that their statement is entitled to Credit.
I, Hugh McCain, Clerk of the Court of Pleas and Quarter Sessions of said County of Randolph do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of James Gardner for a Pension.
In Testimony whereof I have hereunto set my hand & seal of office this 14 th day of November 1889.
Hugh McCain Clerk

Jas Gardner act 1832 State NC
Parally
Mrs Kelly

I know all men by their presents. That I Dolphus Gardner of the County of Randolph and State of North Carolina, and one of the children and legal representatives of James Gardner a Revolutionary soldier and Elizabeth Gardner his wife, who is now deceased, do hereby irrevocably constitute and appoint John T. Nulty of Washington City and District of Columbia, my true and lawful Attorney for me, and in my name, to examine into and prosecute any claim that may be due or found to be due the children and legal representatives of James Gardner and Elizabeth Gardner in virtue of said James Gardner's services in the Revolutionary war, and the several acts and resolutions of Congress relative thereto, and that might have accrued to either of said parties, and not drawn during their lifetime, and now due to their legal representatives, and to receive the certificate of Pension, as when issued by the Department; I hereby confirming whatsoever my said Attorney may do or cause to be legally done, either in person or by substitution, in the prosecution of said claim, except drawing money on the said claim, I revoking any other authority I may have given to any other person or persons in the premises whatsoever.
In witness whereof, I have hereunto set my hand and seal, this 8 th day of January A D 1853.
Signed in the presence of.
Dolphus Gardner. (Seal)
James W. Gardner
State of North Carolina County of Randolph
On this the Eighth day of

January in the year One Thousand eight hundred and fifty three personally appeared before me Robert M c Stamper and acknowledged the within Power of Attorney to be his act and deed R obt . M c Stamper S.P.
I Benjamin F. Hoover, Clerk of the Court of Pleas and Quarter Sessions in and for the County of Randolph and State of North Carolina, do hereby Certify, that Robert M c Stamper Esq. before whom the foregoing Power of Attorney was acknowledged is and was at the time of taking the same an Acting of the Pleas in and for said County duly Commissioned and qualified, and that full faith and credit are due to his Official acts as such and that his signature above is genuine In testimony whereof I have hereunto set my hand and seal of Office at Asheboro on this the 11 th day of January A D 1853. W. J. Hoover, Clerk

31,939
James Gardner
K.C.
Hon C Fisher 11 Dec 1839. C.C. Tucker July 24, 1856.
3908
June 7 1832

State N o Carolina } This is to Certify that Randolph County } James Garner has a term of Duty in a troop of horse under my Comm d and is Discharged of the same hereunder my hand this 28 th March 1862 --
Charles Goldston Capt e

REJECTED
3908
P. O.
James Gardner
Service: Randolph Co NC when drafted
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Charges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Ja s Gardner 34939
See to C.
Act 7 June 1832
Let to Hon C. Fisher
11 Dec 1839
act 7 June 1832

Suspended Rev. Pension claim Act of June 7. 1832
James Gardner A. C.
To examine claim
Chas. C. Tucker Atty. Present.

Know all men by these presents, that I Dolphin Gardner of Randolph County and State of North Carolina, and the son of James Gardner deceased, who was a Revolutionary Soldier, do hereby constitute and appoint Charles C. Tucker of Washington City, my true and lawful Attorney, for me and in my name, to examine into and prosecute any claim for a Pension, &c, against the General Government, which may be due me by virtue of my deceased father's Service in the Revolutionary war, and the several acts of Congress relative thereto, and to receive the certificate of Pension, &c, when issued by the Department, I hereby confirming whatsoever my said attorney may do, or cause to be legally done, either in person or by Substitution in the prosecution of said claim, except drawing money in my pay, I revoking any other authority, to any other person or persons in the premises whatsoever.
In testimony whereof I have hereunto set my hand and seal. — This 6 th day of February 1856.
Dolphin Gardner
State of North Carolina } ss. Randolph County } 3
On this 6 th day of February 1856, personally appeared before me Dolphin Gardner and acknowledged the foregoing Power of Attorney to be his act and deed, and I certify that I well know the said Dolphin Gardner and that he is the person now present, and who executed the above Power of Attorney. — John C. Hurd. ss

State of North Carolina
3 Court of Pleas & Quarter Randolph County 3 Session for said County —
I hereby certify that John C. Allred Esquire before whom the foregoing declaration was Power of Attorney was acknowledged and whose name is thereunto subscribed was at the time of so doing an acting Justice of the Peace in and for said County aforesaid duly com- missioned and sworn, and that his genuine Signature thereto is
In Testimony whereof I have hereunto signed my name and affixed the seal of said court at office in the County of Randolph & in the town of Ashboro
This 7 th day of Feb 1856.
M. F. Hoover Clerk

Edinburgh June 14. 1856
W.P. Munderhake Esq.
Dear Sir I send you a certificate in favor of Jenny Gard- ner for £48. 4. 0, and to J. Gard- ner for £27. 1 - whom I presume is intended for Jenny Gardner
Respectfully yours Geo. H. Brooke Comptroller By William F. Bain

Washington D.C. July 15 th 1856. -
Hon. J. Minot.
Commissioner of Pensions.
Sir,
I send enclosed additional evidence for the Revolutionary Pension Claim under the Act of June 7. 1832 of James Gardner of N.C. consisting of a Certificate from the Comptroller of N.C. showing payments to James Gardner amounting to £75. 5. 0. and the soldier's certificate of discharge which has recently been found by the children of the soldier. - which will I hope be sufficient for you to admit the service of the soldier.
Very respectfully Your O bt Servt.
Chas. C. Tucker.
Enc. 1

No. 35, 1898,
Rec of Sydia Ayres. enquira Mr. Seake
J. L. Collins Counsel of Pleas Berk

Washington Nov. 24 th 1848
Sir
Mr George W blood of Mount Airy N.C. requests me examine into the claim of Lydia Ayres of that state who made application for pension from that state, but since her husband only about 13 months, her heirs are anxious to know if something cannot be done for them in the premises. The claims also of Sally McCraw & James Gardner from that state are placed with me for further presentation & your kind advice in those claims will greatly oblige
Your Most Obt Servant Nathan Scoble
Yours J. Edwards Comr of Pensions Present

State of North Carolina
Comptroller's Department
Geo. W. Brooks, Comptroller of the Public Accounts in and for the State aforesaid, do hereby certify that it appears of record in my Office among the payments made by said State to sundry persons for Military Service in the Revolutionary War as follows
James Gardner
  Book & Page 37/12 £6. 6. 0 Hillsboro' District   " " No 19. page 27 10. 16. 0 William Shinn (heir)   " " 9- 22 16. 16. 0 Salisbury District 1781   " " 9- 22 14. 6. 0 so so " "   " " 77. 409. 27. 1. 0 To J. Gardner   £75. 5. 0 
In testimony whereof I have hereunto subscribed my name and affixed the seal of my Office at Raleigh this 14 th day of June 1856
Geo. W. Brooks. Comptroller